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Articles 1 - 14 of 14
Full-Text Articles in Law
Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty
Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty
University of Richmond Law Review
It seems at times as though the entire world has become ad- dicted to human rights. The United States has, of course, had its famed Bill of Rights for generations. The United Kingdom's Human Rights Act has recently come into force. That measure also applies to Northern Ireland, with human rights issues appearing in the Good Friday Agreement. Both Britain and Ireland have adopted the model of the European Convention on Human Rights and Fundamental Freedoms, a charter agreed to on November 4, 1950, by western European nations emerging from a dark age of fascist totalitarianism. The body which gave …
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes
University of Richmond Law Review
In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song.
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
University of Richmond Law Review
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result.
Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen
Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen
University of Richmond Law Review
The United States Constitution vests the President with "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Although Virginia delegate Edmund Randolph raised concerns about the executive branch possibly abusing the pardon power to conceal criminal conduct at the Constitutional Convention, Randolph's colleagues relied upon the presumption that a president would not break the law and defeated his motion to limit presidential pardon power to cases of treason. Recently, the scandalous Iran-Contra affair has demonstrated that, contrary to the Framers' expectations, presidents may circumvent or directly violate federal laws.
Reagan, Bush And The Supreme Court, Arthur J. Kropp
Reagan, Bush And The Supreme Court, Arthur J. Kropp
University of Richmond Law Review
What may be the most significant achievement of the Reagan-Bush years is one we have only begun to appreciate: the radical revolution in the federal courts. After nearly three terms of conservative presidents bent on remaking the federal judiciary, the courts have been transformed. They are far more conservative, and, despite Administration rhetoric to the contrary, decidedly more activist.
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
University of Richmond Law Review
The Bill of Rights secured the individual freedoms that constitute the mainstay of American liberty. The Framers of the Constitution did not include these vital rights in the original version of the document. In fact, the first ten amendments were proposed by Congress to secure ratification of the Constitution and, more importantly, to prevent a second constitutional convention.
Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney
Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney
University of Richmond Law Review
Scholars hold that there are forty to fifty distinct human rights. History teaches that they should be constitutionally enshrined. In this modern era when constitution-making is multiplying, drafters of bills of rights must now determine questions of formulation and location. How should these forty to fifty distinct human rights be classified; where in these constitutions should these rights be recited?
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
University of Richmond Law Review
Historians and constitutional scholars have paid scant attention to the process by which the states ratified the Bill of Rights. The states' ratifying conventions of 1787 and 1788 have been examined in great detail, as have the debates of the first Congress which led to the presentation of the Bill of Rights to the states. Scholars, however, have treated the ratification of the first ten amendments as little more than an historical formality. Why more than two full years passed between the Congressional adoption of the proposed amendments and the approval by the requisite number of states has never been …
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
The past year was significant on several fronts where delinquency was concerned. The General Assembly responded positively to fifteen years of advocacy for a separate administrative agency to deal with delinquent youths. There were several important Virginia decisions governing the transfer process in an era of growing concern about serious offenses by juveniles, and the Supreme Court of the United States brought some closure to constitutional attacks on the death penalty for minors.
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.
University of Richmond Law Review
Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …
Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii
Outpatient Mental Health Care Services - A Minor's Right, John V. Cogbill Iii
University of Richmond Law Review
The 1979 Session of the General Assembly made important changes in Title 54 of the Code of Virginia pertaining to health care for minors. One of the principal changes involved the right of unemancipated minors to seek outpatient treatment for mental health problems without the consent of their parents. Additionally, lawmakers deleted the criminal sanctions imposed against medical practitioners who performed authorized abortions on consenting minors. This bill appears to bring into Virginia a partial realization of a child's right to due process and equal protection under the law.
Victims' Rights Litigation: A Wave Of The Future?, Frank Carrington, Fred E. Inbau
Victims' Rights Litigation: A Wave Of The Future?, Frank Carrington, Fred E. Inbau
University of Richmond Law Review
American Jurisprudence 2d quite properly claims to be one of the most, if not the most, comprehensive legal encyclopedia in this country. Any attorney who has had the opportunity to peruse this work would be forced to agree. It is, therefore, an interesting and unfortunate commentary upon the state of law in our society that of the thousands of topics covered in this monumental compendium of knowledge, none deals with the victims of crime.
Right To Privacy- Direct Injury Must Be Shown Before A Court May Grant Relief From General Governmental Surveillance
University of Richmond Law Review
The right of privacy is an aggregate of many separate rights, each of which is guaranteed in the Bill of Rights. Although the right of privacy was not recognized per se at common law, today it is acknowledged by a majority of jurisdictions as a separate actionable legal right.
Law And Anarchy, Sidney Hook
Law And Anarchy, Sidney Hook
University of Richmond Law Review
I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.